Agenda Date: June 14, 2012

Prepared By: John Finnell, Manager, Permitting & Engineering

Topic: Amendment to Rule 233, Biomass Boilers

Action Requested: 

1) Conduct a Public Hearing regarding the proposed adoption of amendments to Rule 233, 

Biomass Boilers.

2) Approve and adopt all Findings and Recommendations found in Attachment #2 and adopt

Resolution #12-07 (Attachment #1) thereby approving amendments to Rule 233, Biomass 

Boilers.

Discussion: The U.S Environmental Protection Agency (EPA) issued a formal limited approval 

and limited disapproval of the Rule 233, Biomass Boilers, in the Federal Registry, Volume 

77, Number 12, on January 10, 2012 (See Staff Report, Attachment #1).

The limited approval means that EPA has determined that overall the rule improves the State 

Implementation Plan (SIP) and is largely consistent with the relevant Federal Clean Air Act 

(CAA) requirements but simultaneously issued a limited disapproval because it was their 

opinion that the nitrogen oxide (NOx) emission limits in Section 301 do not represent current 

Reasonably Available Control Technology (RACT) and should be lowered.

District staff propose to amend Rule 233, Biomass Boilers, to add an additional NOx 

limitation of 68 parts per million by volume (ppmv) corrected to 12% carbon dioxide (CO2)

twenty-four hour block average. The current limit is 115 ppmv corrected to 12% CO2 threehour rolling average.

The Rule is applicable to two biomass boilers in Placer County. These boilers are operated by 

Sierra Pacific Industries and Rio Bravo. District staff have met with representatives of both 

companies and discussed the proposed amendment. Public notice was also published in 

several local newspapers.

Rule 233, Biomass Boilers, first adopted on October 6, 1994, was last amended on December 

10, 2009. The 2009 amendment was discussed at length with EPA staff prior to the last 

amendment. General agreement was reached that the Rule would be SIP approvable. Rule 

233 was submitted to the California Air Resources Board (CARB) for approval into the SIP. 

CARB agreed and forwarded the rule to EPA for final approval into the SIP on May 17, 

2010.

Board Agenda

Public Hearing/Action
PCAPCD Agenda Item

June 14, 2012

Page 2

In April of 2011, EPA contacted the District and indicated the agency had planned on 

approving this Rule into the SIP but there had been objections from an environmental group, 

Earth Justice, to the SIP approval of San Joaquin Valley Unified Air Pollution Control 

District’s (SJVUAPCD) rule which had similar NOx limits for biomass boilers. As a result, 

EPA reconsidered its position and issued a limited approval and limited disapproval to 

SJVUAPCD and indicated their intent to take action and issue a limited disapproval for Rule 

233. 

The EPA Technical Support Document Staff Report (Staff Report, Attachment #2) concluded 

that at least one other District, Yolo-Solano Air Quality Management (YSAQMD) had 

adopted a rule with a lower emission limit of 90 ppmv correct to 3% O2 twenty four hour 

average and that the two affected facilities in Placer County could meet this limit.

SJVUAPCD adopted this limit in December, 2011.

The District proposes to add the NOx limitation of 68 ppmv corrected to 12% CO2 twentyfour hour block average as equivalent to the level of 90 ppmv correct to 3% O2 adopted by 

YSAQMD and SJVUAPCD. 

This amendment is proposed to satisfy the limited disapproval by EPA of Rule 233 and to 

thereby obtain approval of the amended Rule as a revision to the SIP. The District is required 

to revise Rule 233 and gain EPA SIP approval within eighteen (18) months, by July 20, 

2013, or sanctions will be imposed. 

Fiscal Impact:

The two facilities impacted by this amendment have installed and are operating an ammonia 

injection system which is capable of reducing emissions below the level of the proposed NOx 

limitation. Changes in the programming of the Continuous Emission Monitoring System 

(CEMS) of each facility will be necessary to incorporate compliance checks, alarms, and 

reporting for the new emission limit.

Recommendation:

Staff recommends that the District Board adopt Resolution #12-07 (Attachment #1) thereby 

approving the amendments to Rule 233, Biomass Boilers, and approve and adopt the 

Recommendations found in this document and the Findings in the Staff Report in Attachment 

#2.

Attachment(s) #1. Resolution #12-07, Amendment to Rule 233, Biomass Boilers

#2: Staff Report